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2019 SESSION

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19104790D
SENATE BILL NO. 1076 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on January 23, 2019) (Patron Prior to Substitute--Senator Howell) A BILL to amend the Code of Virginia by adding a section numbered 19.2-268.4, relating to admissibility of prior inconsistent statements in a criminal case.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 19.2-268.4 as follows:

§ 19.2-268.4. Admissibility of prior inconsistent statements.

In all criminal cases, evidence of a statement made by a witness is admissible for the truth of the matter asserted if the statement is inconsistent with his testimony at the hearing or trial, the witness is subject to cross-examination concerning the statement by the party against whom it is being offered, and the statement was made by the witness under oath at a trial, hearing, or other proceeding.

Nothing in this section shall render a prior inconsistent statement inadmissible for purposes of impeachment because such statement was not recorded or otherwise fails to meet the criteria set forth herein.